Giamella et al v. Wright Medical Technology Inc et al
| John Giamella and Jodilynn Giamella |
| John Does and Wright Medical Technology Inc |
| 4:2021cv00084 |
| February 1, 2021 |
| US District Court for the Eastern District of Arkansas |
| Kristine G Baker |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
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Filing 84
CASE MANAGEMENT ORDER No. 1. Signed by Judge Kristine G. Baker on 3/11/2021. (jbh)
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| Filing 83 NOTICE of Appearance by George E. McLaughlin on behalf of Jodilynn Giamella, John Giamella (McLaughlin, George) |
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Filing 82
NOTIFICATION to Counsel from the Clerk of Court regarding MDL 2949, In Re Profemur Hip Implant Products Liability Litigation. The case of Giamella et al v. Wright Medical Technology Inc et al, originally filed in the U.S. District Court for the Southern District of New York and assigned case number 1:18-cv-00645, was transferred by the Judicial Panel on Multidistrict Litigation to the Eastern District of Arkansas and assigned to U.S. District Judge Kristine G. Baker as case number 4:21-cv-00084 for coordinated or consolidated pretrial proceedings. The master case for this litigation is 4:20-md-2949-KGB. Attached is a copy of Order Upon Transfer signed by Judge Baker. Electronic Notification signed at the Direction of the Court on 2/1/2021. (jbh)
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| Filing 81 Case electronically transferred in from the United States District Court, District of New York Southern; Case Number 1:18-cv-00645. Electronic file copy of transfer order and docket sheet received. |
| Filing 80 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - Eastern District of Arkansas. (Signed by MDL Panel on 1/29/2021) (sjo) [Transferred from nysd on 2/1/2021.] |
| MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - Eastern District of Arkansas. (sjo) [Transferred from nysd on 2/1/2021.] |
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Filing 79
MEMO ENDORSEMENT granting #78 Letter Motion to Consolidate Cases. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge William H. Pauley, III on 1/25/2021) (kv) [Transferred from nysd on 2/1/2021.]
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| Filing 78 LETTER MOTION to Consolidate Cases MDL. 4:20-md-2949-KGB addressed to Judge William H. Pauley, III from Stephen Weingrad dated January 22, 2021. Document filed by Jodilynn Giamella..(Weingrad, Stephen) [Transferred from nysd on 2/1/2021.] |
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Filing 77
MEMO ENDORSEMENT on re: #76 Letter, filed by John Giamella, Jodilynn Giamella. ENDORSEMENT: Application granted. The Clerk of Court is directed to reopen this case. SO ORDERED. Case reopened. (Signed by Judge William H. Pauley, III on 12/14/2020) (kv) [Transferred from nysd on 2/1/2021.]
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| Filing 76 LETTER addressed to Judge William H. Pauley, III from Stephen Weingrad dated 12/3/2020 re: Plaintiffs respectfully request that this matter be reopened, at which time Plaintiffs will file a Notice of Related Case in this Docket. Document filed by Jodilynn Giamella, John Giamella.(kv) [Transferred from nysd on 2/1/2021.] |
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Filing 75
ORDER granting #74 Letter Motion for Extension of Time: Application granted. (Signed by Judge William H. Pauley, III on 3/6/2020) (jwh) [Transferred from nysd on 2/1/2021.]
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| Filing 74 JOINT LETTER MOTION for Extension of Time to Reopen the Case Until May 15, 2020 addressed to Judge William H. Pauley, III from Sean K. Burke dated March 5, 2020. Document filed by Wright Medical Technology, Inc...(Burke, Sean) [Transferred from nysd on 2/1/2021.] |
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Filing 73
ORDER: It having been reported to this Court that this action has been or will be settled, this action is discontinued without costs to any party, and without prejudice to reopening this action if such an application is made within thirty (30) days of this Order. The Clerk of Court is directed to terminate all pending motions and mark this case as closed. (Signed by Judge William H. Pauley, III on 2/14/2020) (jwh) [Transferred from nysd on 2/1/2021.]
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| Filing 72 JOINT LETTER MOTION to Stay re: #64 Order on Motion for Extension of Time,,, Joint Letter Motion to Stay the Deadlines Set in This Court's August 16, 2019 Amended Scheduling Order, Dkt. #64 Pending Settlement, with Proposed Order addressed to Judge William H. Pauley, III from Sean K. Burke and Stephen Weingrad dated February 12, 2020. Document filed by Wright Medical Technology, Inc...(Burke, Sean) [Transferred from nysd on 2/1/2021.] |
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Filing 71
MEMO ENDORSEMENT on re: #70 Status Report filed by Wright Medical Technology, Inc. ENDORSEMENT: On or before March 31, 2020, the parties shall submit a status report to the Court. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/17/2020) (va) [Transferred from nysd on 2/1/2021.]
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| Filing 70 STATUS REPORT. Joint Status Report Letter in Accordance with September 16, 2019 Joint Status Report Document filed by Wright Medical Technology, Inc..(Burke, Sean) [Transferred from nysd on 2/1/2021.] |
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Filing 69
MEMO ENDORSEMENT on re: #68 Status Report filed by Wright Medical Technology, Inc. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/17/2019) (ks) [Transferred from nysd on 2/1/2021.]
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| Filing 68 STATUS REPORT. Joint Status Report in Accordance with May 28, 2019 Joint Status Report Document filed by Wright Medical Technology, Inc..(Burke, Sean) [Transferred from nysd on 2/1/2021.] |
| Filing 67 NOTICE OF APPEARANCE by Anne A Gruner on behalf of Wright Medical Technology, Inc.. (Gruner, Anne) [Transferred from nysd on 2/1/2021.] |
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Filing 66
ORDER FOR ADMISSION PRO HAC VICE granting #65 Motion for Anne A. Gruner to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 8/27/2019) (jwh) [Transferred from nysd on 2/1/2021.]
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #65 MOTION for Anne A. Gruner, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17493704. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) [Transferred from nysd on 2/1/2021.] |
| Filing 65 MOTION for Anne A. Gruner, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17493704. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wright Medical Technology, Inc.. (Attachments: #1 Affidavit of Anne A. Gruner in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing - Pennsylvania, #3 Exhibit B - Certificate of Good Standing - New York, #4 Text of Proposed Order C - Proposed Order Granting Gruner Admission PHV)(Gruner, Anne) [Transferred from nysd on 2/1/2021.] |
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Filing 64
AMENDED SCHEDULING ORDER terminating #63 Letter Motion for Extension of Time: Having received the parties joint letter filed August 14, 2019 (ECF No. 63), this Court adopts the following schedule: 1. The parties shall complete all fact discovery by January 16, 2020. 2. The parties shall submit any expert reports by February 17, 2020. 3. The parties shall submit any expert rebuttal reports by March 9, 2020. 4. The parties shall complete all expert discovery by April 13, 2020. 5. The parties shall submit a joint pre-trial order by May 4, 2020. 6. The parties shall appear for a final pre-trial conference on May 15, 2020 at 10:00 a.m. The Clerk of Court is directed to terminate the motion pending at ECF No. 63. (Signed by Judge William H. Pauley, III on 8/16/2019) (jwh) [Transferred from nysd on 2/1/2021.]
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| Set/Reset Deadlines: Expert Discovery due by 4/13/2020. Fact Discovery due by 1/16/2020. Pretrial Order due by 5/4/2020. Set/Reset Hearings: Final Pretrial Conference set for 5/15/2020 at 10:00 AM before Judge William H. Pauley III. (jwh)[Transferred from nysd on 2/1/2021.] |
| Filing 63 JOINT LETTER MOTION for Extension of Time of the deadlines set in this Court's April 30, 2019 Scheduling Order with Proposed Revised Scheduling Order addressed to Judge William H. Pauley, III from Sean K. Burke and Stephen Weingrad dated August 14, 2019. Document filed by Wright Medical Technology, Inc..(Burke, Sean) [Transferred from nysd on 2/1/2021.] |
| Filing 62 MEMO ENDORSEMENT on re: #61 Status Report filed by Wright Medical Technology, Inc. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/29/2019) (mro) [Transferred from nysd on 2/1/2021.] |
| Filing 61 STATUS REPORT. Joint Status Report in Accordance with March 29, 2019 Joint Status Report Document filed by Wright Medical Technology, Inc..(Burke, Sean) [Transferred from nysd on 2/1/2021.] |
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Filing 60
AMENDED SCHEDULING ORDER granting #59 Letter Motion for Extension of Time: Having received the parties joint letter dated April 29, 2019 (ECF No. 59), this Court adopts the following schedule: 1. The parties shall complete all fact discovery by September 16, 2019. 2. The parties shall submit any expert reports by October 17, 2019. 3. The parties shall submit any expert rebuttal reports by November 8, 2019. 4. The parties shall complete all expert discovery by December 13, 2019. 5. The parties shall submit a joint pre-trial order by January 3, 2020. 6. The parties shall appear for a final pre-trial conference on January 9, 2020 at 10:00 a.m. No further discovery extensions shall be granted absent exceptional circumstances. The Clerk of Court is directed to terminate the motion pending at ECF No. 59. (Signed by Judge William H. Pauley, III on 4/30/2019) (jwh) [Transferred from nysd on 2/1/2021.]
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| Set/Reset Deadlines: Expert Discovery due by 12/13/2019. Fact Discovery due by 9/16/2019. Pretrial Order due by 1/3/2020. Set/Reset Hearings: Final Pretrial Conference set for 1/9/2020 at 10:00 AM before Judge William H. Pauley III. (jwh) [Transferred from nysd on 2/1/2021.] |
| Filing 59 JOINT LETTER MOTION for Extension of Time of the deadlines set in this Court's January 2, 2019 Amended Scheduling Order addressed to Judge William H. Pauley, III from Sean K. Burke and Stephen Weingrad dated April 29, 2019. Document filed by Wright Medical Technology, Inc..(Burke, Sean) [Transferred from nysd on 2/1/2021.] |
| Filing 58 STATUS REPORT. Joint Status Report Pursuant to January 3, 2019 Order Document filed by Wright Medical Technology, Inc..(Burke, Sean) [Transferred from nysd on 2/1/2021.] |
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Filing 57
MEMO ENDORSEMENT withdrawing #37 Motion to Dismiss. ENDORSEMENT: Application granted. The Clerk of Court is directed to terminate the motion pending at ECF No. 37. SO ORDERED. (Signed by Judge William H. Pauley, III on 2/20/2019) (rj) Modified on 2/21/2019 (rj). Modified on 4/5/2019 (rj). [Transferred from nysd on 2/1/2021.]
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| Filing 56 LETTER addressed to Judge William H. Pauley, III from Sean K. Burke dated February 20, 2019 re: Withdrawal of Motion to Dismiss the Second Amended Complaint. Document filed by Wright Medical Technology, Inc..(Burke, Sean) [Transferred from nysd on 2/1/2021.] |
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Filing 55
ORDER granting #53 Letter Motion regarding settlement conference. The settlement conference scheduled previously for January 16, 2019, is cancelled. The parties shall submit to the Court, on or before March 29, 2019, a report on the status of the action and, if necessary, shall include in that report three dates on which all parties are available to participate in a settlement conference. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel) [Transferred from nysd on 2/1/2021.]
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Filing 54
AMENDED SCHEDULING ORDER: re; #52 Letter Motion for Extension of Time. Granted. Having received the parties joint letter dated January 2, 2019 (ECF No. 52), this Court adopts the following schedule: 1. The parties shall complete all fact discovery by May 15, 2019. 2. The parties shall submit any expert reports by June 17, 2019. 3. The parties shall submit any expert rebuttal reports by July 8, 2019. 4. The parties shall complete all expert discovery by August 13, 2019. 5. The parties shall submit a joint pre-trial order by September 3, 2019. 6. The parties shall appear for a final pre-trial conference on September 6, 2019 at 10:00 a.m. So Ordered Pretrial Order due by 9/3/2019. (Signed by Judge William H. Pauley, III on 1/2/2019) (js) . [Transferred from nysd on 2/1/2021.]
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| Set/Reset Deadlines: ( Expert Discovery due by 8/13/2019., Fact Discovery due by 5/15/2019.), Set/Reset Hearings:( Final Pretrial Conference set for 9/6/2019 at 10:00 AM before Judge William H. Pauley III.) (js) [Transferred from nysd on 2/1/2021.] |
| Filing 53 JOINT LETTER MOTION to Adjourn Conference Joint Request for an Adjournment of the January 16, 2019 Settlement Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Sean K. Burke and Stephen Weingrad dated January 2, 2019. Document filed by Wright Medical Technology, Inc..(Burke, Sean) [Transferred from nysd on 2/1/2021.] |
| Filing 52 JOINT LETTER MOTION for Extension of Time of Deadlines Set Forth in Court's August 7, 2018 Scheduling Order, with Proposed Revised Scheduling Order addressed to Judge William H. Pauley, III from Sean K. Burke and Stephen Weingrad dated January 2, 2019. Document filed by Wright Medical Technology, Inc..(Burke, Sean) [Transferred from nysd on 2/1/2021.] |
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Filing 51
PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. And as set forth herein. SO ORDERED. (Signed by Judge William H. Pauley, III on 12/03/2018) (ama) [Transferred from nysd on 2/1/2021.]
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| Filing 50 PROPOSED PROTECTIVE ORDER. Document filed by Wright Medical Technology, Inc.. (Carter, Ralph) [Transferred from nysd on 2/1/2021.] |
| Filing 49 REPLY MEMORANDUM OF LAW in Support re: #37 MOTION to Dismiss THE SECOND AMENDED COMPLAINT. . Document filed by Wright Medical Technology, Inc.. (Carter, Ralph) [Transferred from nysd on 2/1/2021.] |
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Filing 48
ORDER granting #47 Letter Motion for Leave to File Document: Application granted. (Signed by Judge William H. Pauley, III on 8/16/2018) (jwh) [Transferred from nysd on 2/1/2021.]
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| Filing 47 FIRST LETTER MOTION for Leave to File Corrected Memorandum In Opposition To Correct Table of Contents and Cases addressed to Judge William H. Pauley, III from STEPHEN WEINGRAD dated August 15, 2018. Document filed by Jodilynn Giamella, John Giamella. (Attachments: #1 Corrected Table of Contents)(Weingrad, Stephen) [Transferred from nysd on 2/1/2021.] |
| Filing 46 MEMORANDUM OF LAW in Opposition re: #37 MOTION to Dismiss THE SECOND AMENDED COMPLAINT. . Document filed by Jodilynn Giamella, John Giamella. (Weingrad, Stephen) [Transferred from nysd on 2/1/2021.] |
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Filing 45
ORDER: IT IS HEREBY ORDERED that a settlement conference shall be held in the above-captioned action on January 16, 2019 at 10:30 a.m., in courtroom 228, 40 Centre Street, New York, New York; and as further set forth herein. SO ORDERED.(Settlement Conference set for 1/16/2019 at 10:30 AM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/8/2018) (anc) Modified on 8/9/2018 (anc). [Transferred from nysd on 2/1/2021.]
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| Filing 44 NOTICE OF CHANGE OF ADDRESS by Stephen A Weingrad on behalf of Jodilynn Giamella. New Address: Weingrad & Weingrad, PC, 233 East 35th Str, Suite 1, New York, New York, New York 10016, 212-244-4187. (Weingrad, Stephen) [Transferred from nysd on 2/1/2021.] |
| Filing 43 LETTER addressed to Judge William H. Pauley, III from Stephen Weingrad dated 08/08/18 re: Reference to Magistrate Assignment. Document filed by Jodilynn Giamella.(Weingrad, Stephen) [Transferred from nysd on 2/1/2021.] |
| Minute Entry for proceedings held before Judge William H. Pauley, III: Status Teleconference held on 8/7/2018. (DiMarino, Nicholas) [Transferred from nysd on 2/1/2021.] |
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Filing 42
AMENDED SCHEDULING ORDER granting in part and denying in part #39 Letter Motion for Extension of Time: The parties having appeared for a status conference on August 7, 2018, this Court adopts the following schedule: 1. Plaintiffs shall file their opposition brief to Defendants' motion to dismiss by August 13, 2018. 2. Defendants shall file any reply brief by August 27, 2018. 3. The parties shall make any initial expert disclosures by November 16, 2018. 4. The parties shall complete all fact discovery by January 15, 2019. 5. The parties shall submit any expert reports by February 15, 2019. 6. The parties shall submit any expert rebuttal reports by March 8, 2019. 7. The parties shall complete all expert discovery by April 15, 2019. 8. The parties shall submit a joint pre-trial order by May 6, 2019. 9. The parties shall appear for a final pre-trial conference on May 9, 2019 at 10:00 a.m. The motion to dismiss shall be taken on submission. (Signed by Judge William H. Pauley, III on 8/7/2018) (jwh) [Transferred from nysd on 2/1/2021.]
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| Filing 41 LETTER addressed to Judge William H. Pauley, III from Stephen Weingrad dated 8/7/2018 re: Conference Call. Document filed by Jodilynn Giamella.(Weingrad, Stephen) [Transferred from nysd on 2/1/2021.] |
| Set/Reset Deadlines as to #37 MOTION to Dismiss THE SECOND AMENDED COMPLAINT: Responses due by 8/13/2018 Replies due by 8/27/2018. (jwh) [Transferred from nysd on 2/1/2021.] |
| Set/Reset Deadlines: Expert Discovery due by 4/15/2019. Fact Discovery due by 1/15/2019. Pretrial Order due by 5/6/2019. Set/Reset Hearings: Final Pretrial Conference set for 5/9/2019 at 10:00 AM before Judge William H. Pauley III. (jwh) [Transferred from nysd on 2/1/2021.] |
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Filing 40
ORDER with respect to #39 Letter Motion for Extension of Time. The parties shall appear for a telephonic status conference on August 7, 2018 at 3:30 p.m. Plaintiff's counsel shall circulate conference call dial-in information to the parties and this Court via ECF. SO ORDERED. (Signed by Judge William H. Pauley, III on 8/1/2018) (anc) [Transferred from nysd on 2/1/2021.]
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| Set/Reset Hearings: Telephone Conference set for 8/7/2018 at 03:30 PM before Judge William H. Pauley III. (anc) [Transferred from nysd on 2/1/2021.] |
| Filing 39 LETTER MOTION for Extension of Time of the deadlines set in the Court's April 19, 2018 Scheduling Order addressed to Judge William H. Pauley, III from Sean K. Burke dated August 1, 2018. Document filed by Wright Medical Technology, Inc..(Burke, Sean) [Transferred from nysd on 2/1/2021.] |
| Filing 38 MEMORANDUM OF LAW in Support re: #37 MOTION to Dismiss THE SECOND AMENDED COMPLAINT. . Document filed by Wright Medical Technology, Inc.. (Carter, Ralph) [Transferred from nysd on 2/1/2021.] |
| Filing 37 MOTION to Dismiss THE SECOND AMENDED COMPLAINT. Document filed by Wright Medical Technology, Inc..(Carter, Ralph) [Transferred from nysd on 2/1/2021.] |
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Filing 36
ORDER FOR PRO HAC VICE ADMISSION OF DANIELLE N. BAGWELL granting #35 Motion for Danielle N. Bagwell to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 6/12/2018) (jwh) [Transferred from nysd on 2/1/2021.]
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #35 MOTION for Danielle N. Bagwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15184287. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) [Transferred from nysd on 2/1/2021.] |
| Filing 35 MOTION for Danielle N. Bagwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15184287. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wright Medical Technology, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Bagwell, Danielle) [Transferred from nysd on 2/1/2021.] |
| Filing 34 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Danielle N. Bagwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15170830. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wright Medical Technology, Inc.. (Attachments: #1 Affidavit Declaration of Ralph Carter in Support of Motion to Admit Danielle N. Bagwell Pro Hac Vice, #2 Exhibit Carter Dec. Ex A - Certificate of Good Standing from Supreme Court of Pennsylvania for Danielle N. Bagwell, #3 Exhibit Carter Dec. Ex B - Certificate of Good Standing from Supreme Court of New Jersey for Danielle N. Bagwell, #4 Exhibit Carter Dec. Ex. C - Proposed Order for Admission of Danielle N. Bagwell Pro Hac Vice)(Carter, Ralph) Modified on 6/7/2018 (jc). [Transferred from nysd on 2/1/2021.] |
| Filing 33 SECOND AMENDED COMPLAINT amending #32 Amended Complaint, against John Does 1-25, Wright Medical Technology, Inc. with JURY DEMAND.Document filed by Jodilynn Giamella, John Giamella. Related document: #32 Amended Complaint,.(Weingrad, Stephen)[Transferred from nysd on 2/1/2021.] |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #34 MOTION for Danielle N. Bagwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15170830. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit needs to be submitted and signed by the attorney seeking admission to the case, not the attorney filing the motion. Also, make sure all of the required language is included in the Attorney Affidavit - see Local Rule 1.3. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc) [Transferred from nysd on 2/1/2021.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Stephen A Weingrad to RE-FILE Document No. #32 Second Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct, the pleading does not reflect title "Second Amended"; the All Defendant radio button was selected. Re-file the pleading using the event type Second Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) [Transferred from nysd on 2/1/2021.] |
| Filing 32 FILING ERROR - DEFICIENT PLEADING- PDF ERROR - FILED AGAINST PARTY ERROR -SECOND AMENDED COMPLAINT amending #24 Amended Complaint against All Defendants with JURY DEMAND.Document filed by Jodilynn Giamella, John Giamella. Related document: #24 Amended Complaint.(Weingrad, Stephen) Modified on 6/7/2018 (vf). [Transferred from nysd on 2/1/2021.] |
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Filing 31
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge William H. Pauley, III on 4/20/2018) (jwh) [Transferred from nysd on 2/1/2021.]
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Filing 30
SCHEDULING ORDER: The parties having appeared for an initial pre-trial and pre-motion conference on April 18, 2018, this Court adopts the following schedule: Plaintiffs shall provide any medical authorizations and any copies of medical records to Defendant by May 4, 2018. Plaintiffs shall make any medical devices available for inspection by May 18, 2018. Plaintiffs shall file any second amended complaint by June 6, 2018. Defendant shall file any motion to dismiss by June 27, 2018. Plaintiffs shall file any opposition brief by July 27, 2018. Defendant shall file any reply brief by August 10, 2018. The parties shall make any initial expert disclosures by September 14, 2018. The parties shall complete all fact discovery by October 31, 2018. The parties shall submit any expert reports by November 30, 2018. The parties shall submit any expert rebuttal reports by December 21, 2018. The parties shall complete all expert discovery by January 31, 2019. The parties shall submit a joint pre-trial order by February 28, 2019. The parties shall appear for a final pre-trial conference on March 8, 2019 at 11:00 a.m. SO ORDERED. Amended Pleadings due by 6/6/2018. Motions due by 6/27/2018. Responses due by 7/27/2018 Replies due by 8/10/2018. Fact Discovery due by 10/31/2018. Expert Discovery due by 1/31/2019. Final Pretrial Conference set for 3/8/2019 at 11:00 AM before Judge William H. Pauley III. Pretrial Order due by 2/28/2019. (Signed by Judge William H. Pauley, III on 4/19/2018) (ama) [Transferred from nysd on 2/1/2021.]
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| Minute Entry for proceedings held before Judge William H. Pauley, III: Pre-Motion Conference held on 4/18/2018, Initial Pretrial Conference held on 4/18/2018. (Fang, Jerry) [Transferred from nysd on 2/1/2021.] |
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Filing 29
ORDER granting #28 Letter Motion to Adjourn Conference: Application granted. The initial and pre-motion conference is adjourned to April 18, 2018 at 1:00 p.m. Plaintiff is directed to file a response to Defendant's pre-motion letter no later than April 10, 2018. (Initial Conference set for 4/18/2018 at 01:00 PM before Judge William H. Pauley III. Pre-Motion Conference set for 4/18/2018 at 01:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 4/4/2018) (jwh) [Transferred from nysd on 2/1/2021.]
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| Filing 28 LETTER MOTION to Adjourn Conference requested by Counsel on behalf of the Plaintiff addressed to Judge William H. Pauley, III from SEAN K. BURKE, ESQ. dated April 4, 2018. Document filed by Wright Medical Technology, Inc..(Burke, Sean) [Transferred from nysd on 2/1/2021.] |
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Filing 27
ORDER granting #26 Letter Motion for Conference: Application granted. The pre-motion conference shall be held in conjunction with the initial conference scheduled for April 5, 2018 at 1:00 p.m. Plaintiff is directed to file a response no later than April 5, 2018 at 9 a.m. (Pre-Motion Conference set for 4/5/2018 at 01:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 4/3/2018) (jwh) [Transferred from nysd on 2/1/2021.]
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| Set/Reset Deadlines: Responses due by 4/5/2018 (jwh) [Transferred from nysd on 2/1/2021.] |
| Filing 26 LETTER MOTION for Conference re: #24 Amended Complaint Pre- Motion Conference addressed to Judge William H. Pauley, III from SEAN K. BURKE, ESQ. dated April 2, 2018. Document filed by Wright Medical Technology, Inc..(Burke, Sean) [Transferred from nysd on 2/1/2021.] |
| Filing 25 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Wright Medical Technology, Inc..(Carter, Ralph) [Transferred from nysd on 2/1/2021.] |
| Filing 24 FIRST AMENDED COMPLAINT against All Plaintiffs with JURY DEMAND.Document filed by Jodilynn Giamella, John Giamella.(Weingrad, Stephen) [Transferred from nysd on 2/1/2021.] |
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Filing 23
ORDER granting #22 LETTER MOTION to Adjourn Conference the combined February 23, 2018 initial pre-trial Rule 16 and pre-motion conference addressed to Judge William H. Pauley, III from SEAN K. BURKE, ESQ. dated February 15, 2018. Document filed by Wright Medical Technology, Inc. Application granted. The initial conference is adjourned to April 5, 2018 at 1:00 p.m. So ordered. (Initial Conference set for 4/5/2018 at 01:00 PM before Judge William H. Pauley III. Pre-Motion Conference set for 4/5/2018 at 01:00 PM before Judge William H. Pauley III). (Signed by Judge William H. Pauley, III on 2/16/2018) (rjm) [Transferred from nysd on 2/1/2021.]
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| Filing 22 LETTER MOTION to Adjourn Conference the combined February 23, 2018 initial pre-trial Rule 16 and pre-motion conference addressed to Judge William H. Pauley, III from SEAN K. BURKE, ESQ. dated February 15, 2018. Document filed by Wright Medical Technology, Inc..(Burke, Sean) [Transferred from nysd on 2/1/2021.] |
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Filing 21
ORDER granting #20 Motion for Dana J. Ash to Appear Pro Hac Vice. It is hereby ordered that Dana J. Ash, Esquire is admitted to practice pro hac vice as counsel for Wright Medical in the above-captioned case in the United States District Court of the Southern District of New York. So Ordered. (Signed by Judge William H. Pauley, III on 2/15/2018) (js) [Transferred from nysd on 2/1/2021.]
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 SECOND MOTION for Dana J. Ash, Esq. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from nysd on 2/1/2021.] |
| Filing 20 SECOND MOTION for Dana J. Ash, Esq. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wright Medical Technology, Inc.. (Attachments: #1 Affidavit in Support, #2 Exhibit Ex A - Certificate of Goodstanding, #3 Exhibit Ex B - Certificate of Goodstanding, #4 Exhibit Ex C - Certificate of Goodstanding, #5 Exhibit Ex D - Certificate of Goodstanding, #6 Text of Proposed Order)(Ash, Dana) [Transferred from nysd on 2/1/2021.] |
| Filing 19 DEMAND for Trial by Jury. Document filed by Jodilynn Giamella, John Giamella(Weingrad, Stephen) [Transferred from nysd on 2/1/2021.] |
| Filing 18 FIRST LETTER addressed to Judge William H. Pauley, III from STEPHEN WEINGRAD dated 2/9/18 re: Pre-Motion and Pre-Trial Conference. Document filed by Jodilynn Giamella, John Giamella.(Weingrad, Stephen) [Transferred from nysd on 2/1/2021.] |
| Filing 17 NOTICE OF APPEARANCE by Stephen A Weingrad on behalf of Jodilynn Giamella, John Giamella. (Weingrad, Stephen) [Transferred from nysd on 2/1/2021.] |
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Filing 16
ORDER granting #12 Letter Motion for Conference; granting #15 Letter Motion for Conference. Application granted. The pre-motion conference shall be held in conjunction with the initial conference on February 23, 2018 at 10:00 a.m. Plaintiff is directed to file a response to the pre-motion conference letter. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 12 and 15. Pre-Motion Conference set for 2/23/2018 at 10:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 2/9/2018) (mro) [Transferred from nysd on 2/1/2021.]
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| Filing 15 LETTER MOTION for Conference re: #12 LETTER MOTION for Conference Pre-Motion conference request addressed to Judge William H. Pauley, III from SEAN K. BURKE, ESQ. dated January 31, 2018. addressed to Judge William H. Pauley, III from SEAN K. BURKE dated 02/08/2018. Document filed by Wright Medical Technology, Inc..(Burke, Sean) [Transferred from nysd on 2/1/2021.] |
| Filing 14 DEMAND for Trial by Jury. Document filed by Wright Medical Technology, Inc.(Burke, Sean) [Transferred from nysd on 2/1/2021.] |
| Filing 13 CERTIFICATE OF SERVICE of ORDER FOR INITIAL PRETRIAL CONFERENCE served on Stephen Weingrad, Esq. on February 5, 2018. Service was made by MAIL. Document filed by Wright Medical Technology, Inc.. (Carter, Ralph) [Transferred from nysd on 2/1/2021.] |
| Filing 12 LETTER MOTION for Conference Pre-Motion conference request addressed to Judge William H. Pauley, III from SEAN K. BURKE, ESQ. dated January 31, 2018. Document filed by Wright Medical Technology, Inc..(Burke, Sean) [Transferred from nysd on 2/1/2021.] |
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Filing 11
ORDER FOR ADMISSION PRO HAC VICE: granting #9 Motion for Sean K. Burke, Esq to Appear Pro Hac Vice. It is hereby ordered that Sean K. Burke, Esquire is admitted to practice pro hac vice as counsel for Wright Medical in the above-captioned case in the United States District Court of the Southern District of New York. So Ordered. (Signed by Judge William H. Pauley, III on 1/31/2018) (js) [Transferred from nysd on 2/1/2021.]
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Filing 10
ORDER FOR INITIAL PRETRIAL CONFERENCE: This action has been assigned to District Judge William H. Pauley III for all purposes. Counsel are directed to appear in Courtroom 20B at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York on February 23, 2018 at 10:00 a.m. for an initial pretrial conference with the Court for the purpose of discussing settlement, exploring contemplated motions, stipulating facts, narrowing issues, fixing a discovery schedule, and setting a date for trial. Initial Conference set for 2/23/2018 at 10:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 1/31/2018) (js) [Transferred from nysd on 2/1/2021.]
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| Filing 9 MOTION for Sean K. Burke, Esq. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wright Medical Technology, Inc.. (Attachments: #1 Affidavit in Support, #2 Exhibit A -Certificate of Goodstanding, #3 Exhibit B-Certificate of Goodstanding, #4 Exhibit C-Certificate of Goodstanding, #5 Exhibit D-Certificate of Goodstanding, #6 Text of Proposed Order)(Carter, Ralph) [Transferred from nysd on 2/1/2021.] |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #6 MOTION for Dana J. Ash, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14635690. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of West Virginia;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) [Transferred from nysd on 2/1/2021.] |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #7 MOTION for Sean K. Burke, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14635800. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from All Supreme Courts you are admitted too.; missing Proposed Order; Pursuant to rule 1.3. please attach and affidavit or Declaration of the Attorney;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) [Transferred from nysd on 2/1/2021.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Sean K. Burke, Esq. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from nysd on 2/1/2021.] |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of DECLARATION OF RALPH CARTER, ESQ. in Support re: #7 MOTION for Sean K. Burke, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14635800. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Wright Medical Technology, Inc.. (Attachments: #1 Exhibit A - Certificate of Goodstanding, #2 Exhibit B - Certificate of Goodstanding, #3 Exhibit C - Certificate of Goodstanding, #4 Exhibit D - Certificate of Goodstanding, #5 Text of Proposed Order E - proposed)(Carter, Ralph) Modified on 1/30/2018 (wb). [Transferred from nysd on 2/1/2021.] |
| Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sean K. Burke, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14635800. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wright Medical Technology, Inc..(Carter, Ralph) Modified on 1/30/2018 (wb). [Transferred from nysd on 2/1/2021.] |
| Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Dana J. Ash, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14635690. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wright Medical Technology, Inc.. (Attachments: #1 Declaration of Ralph Carter in Support of Motion to Admit Counsel PRO HAC VICE, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Text of Proposed Order)(Carter, Ralph) Modified on 1/30/2018 (wb). [Transferred from nysd on 2/1/2021.] |
| Filing 5 CERTIFICATE OF SERVICE of NOTICE OF REMOVAL served on Stephen Weingrad, Esq. on January 25, 2018. Service was made by MAIL. Document filed by Wright Medical Technology, Inc.. (Carter, Ralph) [Transferred from nysd on 2/1/2021.] |
| Filing 4 NOTICE OF APPEARANCE by Justin Joseph D'Elia on behalf of Wright Medical Technology, Inc.. (D'Elia, Justin) [Transferred from nysd on 2/1/2021.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ralph Jeffrey Carter. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding); Jury Demand code n (None); Dollar Demand Blank; County code New York. The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court); the Jury Demand code has been modified to d (Defendant); the Dollar Demand has been modified to 2,000,000; the County code has been modified to Richmond. (vf) [Transferred from nysd on 2/1/2021.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ralph Jeffrey Carter. The party information for the following party/parties has been modified: John Doe 1-25. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (vf) [Transferred from nysd on 2/1/2021.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge William H. Pauley, III. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (vf) [Transferred from nysd on 2/1/2021.] |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (vf) [Transferred from nysd on 2/1/2021.] |
| Case Designated ECF. (vf) [Transferred from nysd on 2/1/2021.] |
| Filing 3 CIVIL COVER SHEET filed. (Carter, Ralph) [Transferred from nysd on 2/1/2021.] |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Wright Medical Group, N.V. for Wright Medical Technology, Inc.. Document filed by Wright Medical Technology, Inc..(Carter, Ralph) [Transferred from nysd on 2/1/2021.] |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 161288/2017. (Filing Fee $ 400.00, Receipt Number 0208-14616189).Document filed by Wright Medical Technology, Inc.. (Attachments: #1 Exhibit Ex. A - Summons and Complaint, #2 Exhibit Ex. B - Defendant_s Request for Supplemental Demand for Relief, #3 Exhibit Ex. C - Plaintiff_s Response to Demand for Supplemental Relief, #4 Exhibit Ex. D - WMT Entity Information)(Carter, Ralph) [Transferred from nysd on 2/1/2021.] |
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